First landlord fined for lack of EICR

We have posted previously about the changes to Electrical Safety Standards that came into force in 2020. These regulations require private landlords, or their agents, to hire a qualified person to carry out regular inspection and testing.

We recently learned that a landlord in Coventry has become the first to be fined under the new rules. You can read the news article here. The purpose of the new regulations is to ensure that electrical installations in the property are safe, so we are pleased to see that this requirement is being enforced.

EICRs (Electrical Installation Condition Reports) will reveal any dangerous, potentially dangerous, or advisory notices with an electrical installation and inspection needs to be carried out every 5 years.

The Electrical Safety Regulations apply to residential tenancies where tenants pay rent and have the right to occupy the premises as their main or only residence. The regulations replaced those that were already in place for HMOs.

The electrician carrying out the inspection is required to prepare a report detailing the results of the inspection and the date of the next inspection. If any breaches are found in the report, further investigation must be carried out within 28 days, or sooner if specified. Written confirmation of the completion of any remedial work should be obtained and provided to the Local Authority and the tenant.

New tenants should be provided with the report before moving into the property. In the case of an existing tenant, it should be provided within 28 days of receipt. Local authorities are responsible for enforcing the new regulations and are able to impose a penalty of up to £30,000 if a landlord is found to be in breach of their duty. In this case Coventry City Council fined the landlord £1,600.

The Local Authority also has the power to serve remedial notices which should be actioned by the landlord within 28 days. If the landlord fails to carry out the necessary work, the Local Authority can arrange for the work to be carried out and recover the costs from the landlord.

There are some exclusions from the new regulations, these include student lettings in halls of residence, tenancies granted to occupiers of care homes, refuges, hostels, hospitals, and hospices as well as lodger arrangements.

Landlords must use a competent, qualified electrical inspector to carry out the EICR. This is where we can help. If you are a private landlord of either an HMO or other rental property, please get in touch to arrange your inspection and testing or for any help and advice you need, we will be happy to help.